Rameshwar Singh Malik J. - (1.) The instant petition is directed against the order dated 6.1.2009, passed by the learned Sessions Court, Jalandhar, whereby the revision petition filed by the present petitioner was dismissed on account of delay of 3 days in filing the revision petition.
(2.) The brief facts, necessary for disposing of the short issued involved in the present case, are that the petitioner filed the complaint under Sections 43, 44 read with Section 47 of the Water (Prevention and Control of Pollution) Act, 1974, against the respondents herein. The complaint No. 164/2/94 is appended as Annexure P-1. The stand taken by the respondents was that their firm stood closed six years prior to the alleged offence committed by them. This stand was taken by the respondents vide Annexure P-2. Based on the above, the petitioner-Board decided to consider the request of the respondents for withdrawal of the complaint, which is depicted from the communication dated 21.2.2006 (Annexure P-3).
(3.) It is the further case set up by the petitioner-Board that although the request of the respondents for withdrawal of the complaint was under consideration but the charge had been framed against the respondents in the complaint (Annexure P-1). On 2.6.2006, when the case was fixed before the learned trial court of the Judicial Magistrate, Jalandhar, nobody appeared on behalf of the complainant and the learned trial court, while referring to the observations made in the communication (Annexure P-3), that since the offence was compoundable, dismissed the complaint and the accused were ordered to be discharged. This order dated 2.6.2006 is appended as Annexure P-4.;